Miraki v Griffith and Anor [2020] NSWDC 417

District Court New South Wales

Medium Neutral Citation: Miraki v Griffith and Anor [2020] NSWDC 417 Hearing dates: 11 and 12 June 2020 Date of orders: 05 August 2020 Decision date: 05 August 2020 Jurisdiction: Civil Before: Strathdee, DCJ Decision: 1) Verdict and judgment for the plaintiff against the second defendant in the sum of $116,279.91. 2) Second defendant to pay the plaintiff's costs as agreed or assessed. 3) Judgment for the first defendant. 4) Plaintiff to pay the first defendant's costs as agreed or assessed. 5) Allow the parties 7 days to approach my associate with regard to any claims for interest, or alternate costs orders. Catchwords: CONTRACT – sale of goods – failure of consideration – money paid and received RESTITUTION – total failure of consideration – monies repayable Legislation Cited: Civil Procedure Act 2005 (NSW) Minors (Property and Contracts) Act 1970 (NSW) Cases Cited: Mann v Paterson Constructions Pty Ltd (2019) 373 ALR 1; [2019] HCA 32 Repatriation Commission v Harrison (1997) 24 ACSR 711 Roxborough v Rothmans of Pall Mall Australia Ltd (2001) 208 CLR 516; (2001) 185 ALR 335; [2001] HCA 68 Walker v Wimborne (1976) 137 CLR 1 Category: Principal judgment Parties: Sepideh Miraki (Plaintiff) Joshua Griffith (First Defendant) Dominic Griffith (Second Defendant) Representation: Mr D Allen appeared for the Plaintiff Mr E Hyde and Mr R Pietriche appeared for the First Defendant. The First Defendant appeared via AVL. The Second Defendant was unrepresented and appeared via AVL.